1 - in the high court of karnataka gulbarga bench dated this the 15th

W.P.No.82346/2012 &
W.P.Nos.84129-140/2012
-1IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 15TH DAY OF APRIL 2014
BEFORE
THE HON’BLE MR. JUSTICE H.G.RAMESH
W.P.No.82346/2012 &
W.P.Nos.84129-140/2012 (S-R)
BETWEEN:
1.
Dr. VAIJNATH BANDEPPA TUGAVE
AGED 60 YEARS
OCC: MEDICAL PRACTICE
R/O MIG 88, NAUBAD
PRATAPNAGAR, BIDAR
2.
Dr. KASHINATH B. KAMBLE
AGED 55 YEARS
OCC: MEDICAL PRACTICE
R/O AKKAMAHADEVI COLONY
B.V.B. COLLEGE ROAD, BIDAR
3.
Dr. SANGAPPA REVANAPPA
HANAMSHETTY
AGED 59 YEARS
OCC: MEDICAL PRACTICE
R/O No.8-11-140
K.P.T.C.L ROAD
NEAR FOREST OFFICE, BIDAR
4.
Dr. ASHA SANGAPPA
HANAMSHETTY
AGE: 53 YEARS
OCC: MEDICAL PRACTICE
R/O No.8-11-140
K.P.T.C.L ROAD
NEAR FOREST OFFICE, BIDAR
5.
Dr. ASHOK KUMAR NAGARE
AGE: 42 YEARS
OCC: MEDICAL PRACTICE
W.P.No.82346/2012 &
W.P.Nos.84129-140/2012
-2R/O NEAR HIRALAL-PANNALAL
SCHOOL, BIDAR
6.
Dr. RAJSHEKHAR PATIL
AGE: 53 YEARS
OCC: MEDICAL PRACTICE
R/O NEAR NEHRU STADIUM
BIDAR
7.
Dr. MAZAR-UL-HAQ
AGE: 54 YEARS
OCC: MEDICAL PRACTICE
R/O K.H.B. COLONY
NEAR BIRADAR’S NURSING HOME
BIDAR
8.
Dr. JAYASHREE RATIKANT SWAMI
AGE: 44 YEARS
OCC: MEDICAL PRACTICE
R/O DOCTOR’S QUARTERS
BRIMS CAMPUS, BIDAR
9.
Dr. MATH N. SIDDAYYA
AGED 58 YEARS
OCC: MEDICAL PRACTICE
NEAR NEHRU STADIUM, BIDAR
10.
Dr. SARITA M. HATTARKI
AGED 47 YEARS
OCC: MEDICAL PRACTICE
R/O KPTCL ROAD, BIDAR
11.
Dr. ANIL KUMAR
MADHAVRAO TALWADE
AGED 45 YEARS
OCC: MEDICAL PRACTICE
R/O NEAR NEW BUS STAND, BIDAR
12.
Dr. GOURISHANKAR DEVAPPA
AGED 50 YEARS
OCC: MEDICAL PRACTICE
R/O BEHIND AKKAMAHADEVE
COLLEGE, BIDAR
13.
Dr. BASWARAJ BHALKE
AGED 51 YEARS
OCC: MEDICAL PRACTICE
W.P.No.82346/2012 &
W.P.Nos.84129-140/2012
-3R/O GUNJ ROAD, BHALKI
BIDAR DISTRICT
.... PETITIONERS
(BY SRI AMEET KUMAR DESHPANDE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT HEALTH AND
FAMILY WELFARE
(MEDICAL EDUCATION)
VIKASA SOUDHA
BANGALORE – 560 001
2.
BIDAR INSTITUTE OF MEDICAL SCIENCES
REPRESENTED BY ITS DEAN/DIRECTOR
AN AUTONOMOUS BODY OF THE GOVERNMENT
REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960,
BIDAR
.... RESPONDENTS
(BY SRI MANVENDRA REDDY, GOVT. ADVOCATE FOR R1;
SRI VILAS RAO MORE, ADVOCATE FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI AND GRANT THE FOLLOWING
RELIEFS: QUASH THE GOVERNMENT ORDER DATED
21.09.2010 BEARING No.AKUKA/277/MMC/08, BANGALORE
PASSED BY RESPONDENT No.1, THE CERTIFIED COPY OF
WHICH IS AT ANNEXURE-J, IN SO FAR AS RESTRICTING THE
GRANT OF PRO-RATA PENSION ALONE TILL THE PERIOD OF
SERVICE UNDER GOVERNMENT TO THE EMPLOYEES OF
HEALTH AND FAMILY WELFARE SERVICES RE-DEPLOYED
AND ABSORBED UNDER THE BIDAR INSTITUTE OF MEDICAL
SCIENCES, SO FAR AS NOT ENTITLING THE SAID EMPLOYEES
TO THE SAME MONITORY BENEFITS AT PAR WITH THE OTHER
EMPLOYEES FROM THE DEPARTMENT OF MEDICAL
EDUCATION SERVICES RE-DEPLOYED AND ABSORBED IN
THE BIDAR INSTITUTE OF MEDICAL SCIENCES IN SO FAR AS
THE PETITIONERS ARE CONCERNED AND ETC.
THESE PETITIONS COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
W.P.No.82346/2012 &
W.P.Nos.84129-140/2012
-4ORDER
H.G.RAMESH, J.(Oral):
Learned counsel appearing for respondent No.2
submits that the petitioners’ absorption in respondent
No.2 – Medical College has been set aside by the
Karnataka Administrative Tribunal, Bangalore, by its
order dated 21.02.2011 which order is confirmed by a
Division
Bench
of
this
Court
in
W.P.Nos.12029-
12037/2011 and other connected matters by order dated
26.09.2012.
Hence, he submits that the petitioners’
grievance with regard to restricting the grant of pro-rata
pension as per the Government Order dated 21.09.2010
(Annexure-J) impugned in these writ petitions do not
survive for consideration.
On the facts of the case, I
accept the submission made by the learned counsel for
respondent No.2 and the writ petitions are accordingly
dismissed as having become infructuous.
Petitions dismissed.
Sd/JUDGE
NB*

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